About Workers' Comp

My Law Practice Is Limited To Representing Injured Employees 

COMPENSATION LAWS

Have you been injured at your workplace?
Workers' compensation is insurance that employers are required to have in case an employee suffers an injury at work regardless of fault. Injuries in the workplace include traumatic injuries, repetitive stress such as carpal tunnel, aggravation of pre-existing physical conditions or injuries, and many, many more.

Workers' compensation law is complex and confusing. Employers and their insurance carriers know the laws and have a great deal of experience defending comp claims. Insurance adjusters and claims representatives spend all day defending claims such as yours. This gives them a distinct advantage when they are dealing with you. Give me a call and their advantage disappears.
Summary of the Workers' Compensation System in Alaska - Workers' Compensation and You - Information for Injured Workers
Notice of Injury to Employer
Disclaimer: This is a much generalized statement of the law and there are many exceptions and nuances of the law not mentioned. You Should Not Decide Whether Or Not To Pursue A Claim Based Solely On This Information. Please give me a call to discuss the particular facts of your claim. If you are injured at work, and after you realize this is not a muscle tweak that will get better without medical care, file a Report of Injury. Your supervisor or the office will have this form. You have thirty (30) days to report an injury, but there are a lot of exceptions to this rule so do not give up on a claim just because you did not fill out a Report of Injury. Tell your boss/supervisor that you were injured even if you do not think it will require medical care.
Statute of Limitations
DISCLAIMER: This is a much generalized statement of the law and there are exceptions and nuances of the law not mentioned. You Should Not Decide Whether Or Not To Pursue A Claim Based Solely On This Information. Please give me a call to discuss the particular facts of your claim. You have two (2) years from the date of injury or the date the claim was controverted to file a formal claim. This requires you to complete a two-page form available from the Board or on its website. Then, you have two (2) years from filing the formal claim to request a hearing. There are many exceptions to the statute of limitations. Give me a call.
Disability Benefits
DISCLAIMER: This is a much generalized statement of the law and there are exceptions and nuances of the law not mentioned. You Should Not Decide Whether Or Not To Pursue A Claim Based Solely On This Information. Please give me a call to discuss the particular facts of your claim. First, workers' compensation benefits are NOT taxable.

TTD- Temporary Total Disability Benefits: While you are injured and cannot work you will receive TTD benefits until you are released to work by your doctor or until you are medically stable.

TPD- Temporary Partial Disability Benefits: These benefits are paid to you when your doctor releases you to light duty work. This situation most often occurs when your employer offers you work within your physical capacities while you are recovering from your injury.

Unemployment and Social Security Benefits: If you apply for and receive benefits from either of these programs it will have an impact on the amount of disability benefits from workers' compensation.

KNOW YOUR LEGAL RIGHTS

Impairment Benefits
DISCLAIMER: This is a much generalized statement of the law and there are exceptions and nuances of the law not mentioned. You Should Not Decide Whether Or Not To Pursue A Claim Based Solely On This Information. Please give me a call to discuss the particular facts of your claim. PPI- Permanent Partial Impairment- benefits are based on the amount of whole person permanent impairment caused by your injury. For each 1% of impairment you will be paid $1770. This compensates you for your loss of earning capacity caused by your injury.
Vocational Rehabilitation
DISCLAIMER: This is a much generalized statement of the law and there are exceptions and nuances of the law not mentioned. You Should Not Decide Whether Or Not To Pursue A Claim Based Solely On This Information. Please give me a call to discuss the particular facts of your claim. If you cannot return to the job you had at the time of injury or other jobs you have in the 10 years preceding the injury, and the injury causes you to incur a permanent impairment, you are probably entitled to re-training benefits.
Medical/Health Insurance
If your claim is controverted, and the insurance company refuses to pay for the cost of your treatment, send a copy of the Notice of Controversion to your medical/health insurance company and they should pay for your medical care. This company would have a lien on the proceeds of your claim for the amounts paid. The same is true for both Medicaid and Medicare. Give me a call and I will be glad to explain in detail of how this works.
Aggravation of Prior Injury/Condition
This is one of the most litigated issues in workers' compensation claims. If you had a prior injury or have a pre-existing degenerative joint or disk condition, the insurance companies will probably have you attend an Independent Medical Exam (IME) which will probably determine that your current condition is caused by the pre-existing injury or disease resulting in the denial of benefits. Call me immediately. Waiting to see what happens or in the hope that the insurance company will change its mind, could be detrimental to your claim and recovery from the injury.
  • Burt Mason sitting in a boat

    Burt Mason sitting in a boat

  • Burt Mason fishing in the Alaskan rivers

    Burt Mason fishing in the Alaskan rivers

WORKER COMPENSATION CLAIMS

IME “Independent Medical Exam”
The insurance companies (carriers) have physicians they use over and over to examine injured workers. The exams are anything but independent and are designed to give the carrier a defense to your claim. If you are requested to attend an IME, you are required to attend. Cooperate with the physician and be cordial, but do not volunteer any information. Listen carefully and answer the questions asked fully and completely. If your claim is controverted/denied based on an IME, call me immediately. Again, delay can be detrimental to your claim and recovery.
Release of Information
Your employer, their insurance carrier, and their attorneys are entitled to releases from you to obtain: medical records going back two years before the first time you injured the body part in question; employment records for 10 years prior to the date of injury; Social Security records; insurance records and more. You can object to the releases sent to you by filing a Petition with the Board. This form should be supplied to you by the person(s) requesting the releases.
Contact me today and speak with an experienced workers’ comp attorney. The Law office of Burt Mason can give you the edge and ensure you receive the benefits that you are entitled to. In all claims, attorney fees are paid by the employer. Call today. Don’t delay!
Alaska Workers' Compensation Board Contact Information

Website: 

Phone numbers:
Juneau Office;
907-465-2790

Fairbanks Office: 
907-451-2889

Anchorage Office: 
907-269-4980

Re-employment Benefit: 
907-269-498
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